Wednesday, December 03, 2008

Will He or Won't He

The question now is whether Harper will prorogue Parliament to avoid an official loss of the confidence of the House. I really hope he doesn't, both because I want to see the coalition come to pass and because if he does it will be a huge blow to parliamentary democracy.

The fundamental principle of parliamentary democracy is that the government remains in office so long as it enjoys the confidence of the Parliament, and in Canada that means the House of Commons. The corollary of this principle is that the executive branch governs with the Parliament, so that if the confidence is lost, the Parliament may signal that that is so, and the government leaves office. If the Governor-General grants Harper a prorogation, the executive will functionally be governing without Parliament, in violation of the basic principles of Parliamentary democracy.

Prorogation, for those that don't know, ends the session of the Parliament, until it is recalled for a new session with a new Speech from the Throne. This kills all bills on the order paper and sends MPs back to their constituencies. Essentially, the legislative branch of government is dismissed, while the executive continues to govern. There is no precedent in Canada for a prorogation so early in a first session of a Parliament, and no precedent for a prorogation before anything other than the motion approving the Speech from the Throne has passed the House.

If Harper obtains a prorogation from the Governor General, it will be a blatant admission that the government no longer enjoys the confidence of the House, and will represent a brazen abuse of the Prime Minister's power to advise the Governor-General on the convention and dismissal of Parliament. If there is a prorogation, it will be a clear statement that Harper's government is illegitimate, and governing in an anti-democratic and anti-constitutional manner.

So the question now is, as I posed above, will he or won't he. In the House today, Harper said that his government would take all legal means to avoid defeat (and some of his supporters in Alberta are committing sedition by saying they will take up arms if he falls). I take this to mean that he is threatening the coalition with a prorogation. I still don't know if he would do it though, given how massively illegitimate it would render his government.

I want to hear from everyone who reads this, do you think he will or won't? I'm interested in what you think regardless of where you fall on the political spectrum.

By the way, there are going to be rallies across the country on Thursday in support of the coalition for change. I'll be out in Halifax. You can find information on the rallies, including whether there is one in your neck of the woods at http://www.makeparliamentwork.com/.

Days Remaining in Bush Presidency: 48

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